". . .U.S. Army Corps of Engineers will not grant the easement to cross Lake Oahe for the Dakota Access pipeline. Instead, they will prepare an Environmental Impact Statement regarding alternative routes for the pipeline. This action strongly vindicates what the Standing Rock Sioux Tribe has been saying all along – that we all have a responsibility to protect our waters for future generations.This is an historic moment. For centuries, the Standing Rock Sioux Tribe, and tribes across the country, have faced fundamental injustice at the hands of the federal government - which time and again took our lands and tried to destroy our way of life. Our Treaties and our human rights were ignored, our interests in protecting lands and waters were considered unimportant, and our voices were not heard.

It was this shared history that led Tribes to come together as never before to seek the protection of our waters against the threat of the Dakota Access pipeline. With peace and prayer, indigenous people from hundreds of Tribes said: our future is too important. We can no longer be ignored. The goal was to protect these sacred waters, and to do so in the name of our children.

And, with yesterday’s decision, it is clear that our voices have at long last been heard.Yesterday’s decision demonstrates that, despite all the challenges that Tribes face and all of the terrible wrongs the federal government has committed in dealing with us over the years, justice for Indian people still remains possible. My thanks to the Obama Administration, and particularly to Assistant Secretary Darcy, for upholding the law and doing the right thing.Yesterday’s decision belongs in large measure to the thousands of courageous people who put their lives on hold to stand with Standing Rock in support of a basic principle -- that water is life. At Standing Rock, our youth played an important role in spreading our message and I am so proud of what they have been able to accomplish.

But Standing Rock could not have come this far alone. Hundreds of tribes came together in a display of tribal unity not seen in hundreds of years. And many thousands of indigenous people from around the world have prayed with us and made us stronger. I am grateful to each of you. And, as we turn a page with yesterday’s decision, I look forward to working with many of you as you return to your home communities to protect your lands and waters, and the sovereignty of your tribes.

My thanks to all of our allies, here and around the world, each of whom contributed to this effort. I want to give a special mention to the veterans who have come to Standing Rock in recent days. I am sure that the strength of your message in support of Standing Rock, and the rights of the Water Protectors, had a powerful impact as the Army made its decision. I appreciate all you have done.

While today is a great day, there is still much that needs to be done to protect Tribal rights and ensure justice for indigenous people everywhere. Using peace and prayer as our guideposts, and with the teachings of our elders and with inspiration from our youth, I believe there is much we can accomplish for the future."

Army Corps Decides Not to Grant Easement for Dakota Access Pipeline Crossing

Washington, DC | December 4, 2016— Today the Army Corp of Engineers announced its decision not to grant the easement to the Dakota Access Pipeline crossing the Missouri immediately above the Standing Rock Sioux Reservation, and to study alternate routes. “Our prayers have been answered. This isn’t over, but it is enormously good news,” praised NCAI President Brian Cladoosby.

“All tribal peoples have prayed from the beginning for a peaceful solution, and this puts us back on track. From the start, the Standing Rock Sioux Tribe has asked for a full analysis to consider threats to the water and environment, and also the social and cultural impacts. Peace, prayer, and the water protectors have led to the right outcome.”

“The Army Corps, the Department of Justice, and Department of the Interior deserve great credit for conducting a government-to-government consultation with Standing Rock’s leaders and those of many other tribal nations. We express great appreciation to the leadership,” Cladoosby continued. “Full consideration of tribal impacts is necessary, and it will help to de-escalate the confrontation at Standing Rock.”

Tribal leaders from all over the country have participated in meaningful government-to-government consultation meetings in Phoenix, Seattle, Albuquerque, Billings, Maine, Minneapolis, and Rapid City. The unprecedented showing of support for the Standing Rock Sioux Tribe’s struggle against the Dakota Access Pipeline reflecting the long history of infrastructure projects inflicting great harms on tribal lands, waters, treaty rights, and sacred places. “Although tribes want and support infrastructure development,” said Cladoosby, “not at the cost of our drinking water and sacred sites. We have to be at the table early to plan so that infrastructure benefits everyone.”

The movement at Standing Rock has brought an important opportunity to address the nation-to-nation relationship in the context of infrastructure decision-making. NCAI Resolution PHX-16-067 has urged that for any project affecting tribal lands, waters, treaty rights, or sacred spaces, at the outset the United States must recognize that tribal nations are governments, consider treaty rights and the trust obligations, including informed consent, uphold all statutory obligations, and ensure that tribal nations are not carrying the burdens without the benefits.

“We are entering a season of cold and snow in North Dakota, and also a time of celebrating the holidays,” Cladoosby concluded. “We hope everyone involved on all sides of this issue will be able to be with their families for the holidays, while the project route is reconsidered. We can all pause to celebrate the Creator. In the New Year, let us put our minds together and see how we can find a solution.”- - -Standing Rock Sioux Tribe’s Statement on U.S. Army Corps of Engineers Decision to Not Grant Easement

Cannon Ball, N.D.— The department of the Army will not approve an easement that will allow the proposed Dakota Access Pipeline to cross under Lake Oahe. The following statement was released by Standing Rock Sioux Tribal Chairman Dave Archambault II.

“Today, the U.S. Army Corps of Engineers announced that it will not be granting the easement to cross Lake Oahe for the proposed Dakota Access Pipeline. Instead, the Corps will be undertaking an environmental impact statement to look at possible alternative routes. We wholeheartedly support the decision of the administration and commend with the utmost gratitude the courage it took on the part of President Obama, the Army Corps, the Department of Justice and the Department of the Interior to take steps to correct the course of history and to do the right thing.

The Standing Rock Sioux Tribe and all of Indian Country will be forever grateful to the Obama Administration for this historic decision.

We want to thank everyone who played a role in advocating for this cause. We thank the tribal youth who initiated this movement. We thank the millions of people around the globe who expressed support for our cause. We thank the thousands of people who came to the camps to support us, and the tens of thousands who donated time, talent, and money to our efforts to stand against this pipeline in the name of protecting our water. We especially thank all of the other tribal nations and jurisdictions who stood in solidarity with us, and we stand ready to stand with you if and when your people are in need.

Throughout this effort I have stressed the importance of acting at all times in a peaceful and prayerful manner – and that is how we will respond to this decision. With this decision we look forward to being able to return home and spend the winter with our families and loved ones, many of whom have sacrificed as well. We look forward to celebrating in wopila, in thanks, in the coming days.

We hope that Kelcey Warren, Governor Dalrymple, and the incoming Trump administration respect this decision and understand the complex process that led us to this point. When it comes to infrastructure development in Indian Country and with respect to treaty lands, we must strive to work together to reach decisions that reflect the multifaceted considerations of tribes.

Treaties are paramount law and must be respected, and we welcome dialogue on how to continue to honor that moving forward. We are not opposed to energy independence, economic development, or national security concerns but we must ensure that these decisions are made with the considerations of our Indigenous peoples.

To our local law enforcement, I hope that we can work together to heal our relationship as we all work to protect the lives and safety of our people. I recognize the extreme stress that the situation caused and look forward to a future that reflects more mutual understanding and respect.

Again, we are deeply appreciative that the Obama Administration took the time and effort to genuinely consider the broad spectrum of tribal concerns. In a system that has continuously been stacked against us from every angle, it took tremendous courage to take a new approach to our nation-to-nation relationship, and we will be forever grateful.- - -

The Department of the Army will not approve an easement that would allow the proposed Dakota Access Pipeline to cross under Lake Oahe in North Dakota, the Army's Assistant Secretary for Civil Works announced today.

Jo-Ellen Darcy said she based her decision on a need to explore alternate routes for the Dakota Access Pipeline crossing. Her office had announced on November 14, 2016 that it was delaying the decision on the easement to allow for discussions with the Standing Rock Sioux Tribe, whose reservation lies 0.5 miles south of the proposed crossing. Tribal officials have expressed repeated concerns over the risk that a pipeline rupture or spill could pose to its water supply and treaty rights.

"Although we have had continuing discussion and exchanges of new information with the Standing Rock Sioux and Dakota Access, it's clear that there's more work to do," Darcy said. "The best way to complete that work responsibly and expeditiously is to explore alternate routes for the pipeline crossing."

Darcy said that the consideration of alternative routes would be best accomplished through an Environmental Impact Statement with full public input and analysis.

The Dakota Access Pipeline is an approximately 1,172 mile pipeline that would connect the Bakken and Three Forks oil production areas in North Dakota to an existing crude oil terminal near Pakota, Illinois. The pipeline is 30 inches in diameter and is projected to transport approximately 470,000 barrels of oil per day, with a capacity as high as 570,000 barrels. The current proposed pipeline route would cross Lake Oahe, an Army Corps of Engineers project on the Missouri River.- - -

Cannon Ball, N.D. — The Standing Rock Sioux Tribe today said it is undaunted in its commitment to challenge an easement announcement by the U.S. Department of the Army for the Dakota Access Pipeline.

“The drinking water of millions of Americans is now at risk. We are a sovereign nation and we will fight to protect our water and sacred places from the brazen private interests trying to push this pipeline through to benefit a few wealthy Americans with financial ties to the Trump administration,” said Dave Archambault II, chairman of the Standing Rock Sioux Tribe. “Americans have come together in support of the Tribe asking for a fair, balanced and lawful pipeline process. The environmental impact statement was wrongfully terminated. This pipeline was unfairly rerouted across our treaty lands. The Trump administration – yet again – is poised to set a precedent that defies the law and the will of Americans and our allies around the world.”

Attorneys for the Tribe emphasize that the easement cannot be granted legally at this time. “The Obama administration correctly found that the Tribe’s treaty rights needed to be acknowledged and protected, and that the easement should not be granted without further review and consideration of alternative crossing locations,” said Jan Hasselman, lead attorney for the Tribe. “Trump’s reversal of that decision continues a historic pattern of broken promises to Indian Tribes and unlawful violation of Treaty rights. They will be held accountable in court.”

Next steps for Tribe and allies

The Tribe will challenge any easement decision on the grounds that the EIS was wrongfully terminated. The Tribe will demand a fair, accurate and lawful environmental impact statement to identify true risks to its treaty rights, including its water supply and sacred places.The Tribe has asked the court for DAPL to disclose its oil spill and risk assessment records for full transparency and review by the public.If DAPL is successful in constructing and operating the pipeline, the Tribe will seek to shut the pipeline operations down.A Native Nations march on Washington is scheduled for March 10. The Standing Rock Sioux Tribe and tribes across the country invite allies in America and from around the world to join the march.“We ask that our allies join us in demanding that Congress demand a fair and accurate process,” Archambault II said. “Our fight is no longer at the North Dakota site itself. Our fight is with Congress and the Trump administration. Meet us in Washington on March 10.”

Archambault II said he knows the Standing Rock movement has inspired people around the world to shape their world at home and abroad.

“As Native peoples, we have been knocked down again, but we will get back up, we will rise above the greed and corruption that has plagued our peoples since first contact. We call on the Native Nations of the United States to stand together, unite and fight back. Under this administration, all of our rights, everything that makes us who we are is at risk. Please respect our people and do not come to Standing Rock and instead exercise your First Amendment rights and take this fight to your respective state capitols, to your members of Congress, and to Washington, DC.”

The Army Corps of Engineers provided notice to Congress yesterday that it intends to issue the easement for the Dakota Access Pipeline, and to terminate its study of alternative routes and effects on tribal treaty rights. The decision is based on President Trump’s January 24 Presidential Memorandum ordering the Army Corps to expedite the issuance of the easement.

“We stand with Standing Rock and all of the Missouri River Tribal Nations,” said NCAI President Brian Cladoosby.

“I am particularly concerned about the impact on treaty rights. The Army Corps has already made a determination that the pipeline crossing affects treaty rights, and that more study and consultation with tribes is required. The Corps may not change this decision without providing a rationale for why the DAPL easement no longer threatens treaty rights. Treaties are the supreme law of the land. To suddenly change the decision and issue the easement after already starting the legal process of preparing an Environmental Impact Statement is arbitrary and capricious.”

Cladoosby also called on federal agencies to include tribes in the process for infrastructure permitting. “We need to fix the process going forward. This is going into another round of litigation and nobody is getting what they want. Ignoring tribal rights creates huge delays and cost overruns in any infrastructure project. Indian tribes are not opposed to infrastructure, we need roads and bridges and schools and hospitals just like everyone else. But tribes need to be respected as governments, and the process for siting infrastructure has to take our rights and interests into account. We see great results when tribes are involved early in the planning process, and we can make sure to protect tribal lands, treaty rights, and cultural resources. Tribes are good business partners, but we have to be at the table.”

Next steps will include litigation to uphold tribal rights. NCAI urges all tribes and the public to support Standing Rock, which you can do on the tribal website at http://standingrock.org/

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About The National Congress of American Indians:Founded in 1944, the National Congress of American Indians is the oldest, largest and most representative American Indian and Alaska Native organization in the country. NCAI advocates on behalf of tribal governments and communities, promoting strong tribal-federal government-to-government policies, and promoting a better understanding among the general public regarding American Indian and Alaska Native governments, people and rights. For more information visit http://www.ncai.org